Договор и обязательства
Reference:
Chizhov A.V.
Some problems of correlation of the categories "contract modification" and "contract termination" with related categories of civil law
// Legal Studies.
2024. № 7.
P. 1-12.
DOI: 10.25136/2409-7136.2024.7.40974 EDN: WZWKQE URL: https://en.nbpublish.com/library_read_article.php?id=40974
Abstract:
The subject of this study is legal relations related to some features of the amendment and termination of the contract from related categories of civil law. The analysis of legislation, scientific materials and law enforcement practice allowed the author to formulate questions related to the qualification of such legal phenomena as "contract modification" and "contract termination". The researcher pays special attention to the possibility of improper interpretation of a legal fact by individuals and legal entities within the framework of contractual legal relations instead of "modification" and "termination of the contract". To the categories, the nature of which may be similar to the legal nature of the amendment and termination of the contract, the author refers to such phenomena as the conclusion of an additional agreement, the termination of contractual relations due to the expiration and invalidity of the contract. In the course of the research, the author used universal dialectical, logical, formal-legal, hermeneutic research methods. The relevance of the chosen topic lies in the modernization and development of the institution of modification and termination of civil contracts due to the dynamics of changes in economic and social aspects and interests of participants in legal relations. The legal aspects of the problems of the correlation of the categories "contract modification" and "contract termination" are considered in the works of such researchers as M.I. Braginsky, V.V. Vitryansky, I.V. Ginzburg and others. Based on the analysis of Russian legislation and the practice of implementing the categories of "modification" and "termination" of the contract, the author concludes that a more detailed and in-depth study of the terms of contractual relations is prioritized for their further proper qualification by both the parties to contractual relations and judicial authorities in the direct application of substantive law. The conclusions formulated based on the results of the work carried out can be used for further scientific research in the field of civil law and form the basis of future regulatory legal acts.
Keywords:
concludent actions, dispositive fact, civil law, contract law, supplementary agreement, termination of the contract, invalidity of the contract, contract change, contract cancelation, contract
JUDICIAL POWER
Reference:
Morhat P.M.
Сomparative legal study of artificial intelligence positioning in judicial proceedings.
// Legal Studies.
2024. № 7.
P. 13-28.
DOI: 10.25136/2409-7136.2024.7.71263 EDN: TBOCPB URL: https://en.nbpublish.com/library_read_article.php?id=71263
Abstract:
The author studies the experience of using artificial intelligence in the framework of legal proceedings in the USA, China and Russia. This analysis includes not only an analysis of judicial practice, but also a study of strategic documents assigned at the government level of these countries. Goal of the research is to identify effective starting points for the implementation of AI in the judiciary, to determine the features of regulation of AI in the judicial process and specify prospects for determining the full autonomy of AI for judicial proceedings. The objectives of the study are to determine the main trends in the implementation of AI in the field of judicial process, highlight areas that can currently be algorithmically processed by AI, as well as determine future designs of the legal personality of AI, taking into account the opinion of the professional judicial community of Russia. The research methodology includes systemic, structural-functional, hermeneutic and comparative legal methods. The authors makes general conclusions about the prospects of AI for the judicial process and formulates optimal tracks for the use of AI in judicial cases, taking into account the comparative legal research conducted. Based on the comparative legal research carried out, the author formulated the increasing role of artificial intelligence technology used in the judicial process. The need to improve the legislative framework taking into account the technological specifics of AI and ensure an adequate level of information security when using this technology is noted. In addition, a starting point has been identified for the effective and safe implementation of AI as an autonomous participant in the process in relation to disputes that are considered in a simplified manner or contain a high proportion of data that is reliably verified and stored electronically.
Keywords:
e-person, digital State, arbitrage practice, litigation, information security, public law, digital court, predictive justice, judicial process, artificial intelligence
Договор и обязательства
Reference:
Ibragimov K.Y.
The problem of non-proprietary legal entities in the light of the theory of separate property
// Legal Studies.
2024. № 7.
P. 29-41.
DOI: 10.25136/2409-7136.2024.7.71353 EDN: QUSIFI URL: https://en.nbpublish.com/library_read_article.php?id=71353
Abstract:
The subject of the study is the problem of legal entities for which property is secured not on the right of ownership, but on a limited proprietary right (the right of operational management or the right of economic management), in the light of the theory of separate property. The theory of separate property is understood as the idea of the independence of the phenomenon of legal separation of property associated with giving a certain technically separate property a specific legal status, which is primarily manifested in the order of responsibility to creditors (priority of creditors' claims in relation to certain property). The main attention is paid to the problem of simultaneous separation of property through two structures: (1) a separate legal entity, (2) a limited proprietary right. The study evaluates the validity of this approach and the need for the existence of such limited property rights. The analysis of these problems is carried out by applying the theoretical categories of protective and confirmatory separation, with the help of which the degree and nature of the separation of property of unitary enterprises and institutions is assessed. According to the results of the study, it is concluded that the right of operational management and economic management does not in any way affect the degree of isolation of the property of unitary enterprises and institutions, and also does not perform any other independent function. The conclusion is substantiated that the existence of such limited proprietary rights represents a lack of legal technique. In addition, a general conclusion is drawn that in order to achieve any degree and nature of the property isolation of a certain property, the construction of a legal entity is sufficient, since the rule of law is able to do this by direct prescription of the law for the appropriate organizational and legal form. At the same time, it is noted that limited property rights can be used to separate property within the separate property of a legal entity, but not to separate the property of the latter as such. The scientific novelty of this study has two aspects. Firstly, it demonstrates the prospects of using the categories of protective and confirmatory property separation as a tool for analyzing the practical and theoretical validity of legislative decisions, which is new for the domestic doctrine. Secondly, this article for the first time analyzes the correlation of various ways of legal separation of property.
Keywords:
legal entities, limited real rights, institutions, unitary enterprises, legal capacity, legal partitioning, operational administration, economic management, legal personality, asset partitioning
Human and state
Reference:
Madatov O.Y.
Gender problems and discrimination at the present stage of society development
// Legal Studies.
2024. № 7.
P. 42-69.
DOI: 10.25136/2409-7136.2024.7.43464 EDN: NEANVL URL: https://en.nbpublish.com/library_read_article.php?id=43464
Abstract:
The article is devoted to the consideration of some aspects of human rights and freedoms, as well as restrictions imposed within the framework of the concept of gender equality. The object of the study is social relations regulating issues of rights, freedoms and duties of men and women. The subject of the study is the norms of international and national law governing the object of the study. The purpose of the research is to develop the main provisions of the new ideology of gender equality and its implementation in practice. The study of international and national law has shown that in modern society there is an acute problem of discrimination of citizens on sexual grounds. Despite the declared equality of men and women, reflected in the Universal Declaration of Human Rights, it has not been possible to achieve real gender equality in 74 years. Although the rights and freedoms of men and women established by the national legislation of most countries are actually equalized, their duties differ significantly from each other, and in the direction of discrimination against the male part of the population. At the same time, the ideologies developed, mainly by Western scientists, are actually imposed on our state for the onset of a negative scenario in Russia, which can be clearly observed on the example of Vietnam, Korea, Iraq, Afghanistan, Ukraine and a number of other states. In order to solve this problem, it is proposed to create a new ideology of gender equality related to the protection of traditional values, the essence of which is to eliminate gender differences in the rights, freedoms and duties of citizens. This ideology is based on the generally recognized principles and norms of international law and the peculiarities of Russian identity.
Keywords:
public relations, national law, restriction of rights, rights and freedoms, ideology, infringement of rights, gender discrimination, international law, gender equality, society and the state
Договор и обязательства
Reference:
Kiseleva E.
Features of regulation of the institution of inheritance agreement in Russian law
// Legal Studies.
2024. № 7.
P. 70-78.
DOI: 10.25136/2409-7136.2024.7.68696 EDN: MWSJRC URL: https://en.nbpublish.com/library_read_article.php?id=68696
Abstract:
The subject of the study are the key features of the inheritance contract as an instrument of legal regulation of the relations of the testator and heirs, as well as its specifics in the Russian civil legislation. The provisions of the Civil Code of the Russian Federation devoted to the analysis of the relationship between the rights and obligations of the parties to this contract, the procedure for its conclusion and termination are analyzed in sufficient detail, and the main problematic issues accompanying the procedure for using inheritance contracts in domestic practice are identified. In this context, the importance of further improvement of the legal framework governing the procedure for using the inheritance contract in legal practice is determined. It should be noted that the legislative consolidation of the institution of an inheritance contract provides the testator with the opportunity not only to dispose of his property, but also the right to burden the heir to perform certain actions. However, the model of the relationship between the parties to the inheritance contract in domestic legislation not places them in equal position. Such a circumstance, as well as a number of legally ambiguous points noted in this article, necessitate further improvement of the domestic regulatory legal framework governing various aspects of the conclusion and execution of an inheritance contract.
Keywords:
testamentary disposition, contractual obligation, heir, testator, inheritance contract, grounds of inheritance, inheritance, legacy, unworthy heirs, Civil Code